"Where one of the parties wishes to be absolved either wholly or partially from an obligation or liability which would or could arise at common law under a contract of the kind which the parties intend to conclude, it is for that party to ensure that the extent to which he, she or it is [...]
"When debtors once have borrowed all we have to lend, they are very apt to grow shy of their creditors' company" (John Vanbrugh) Bad debt is a major issue for many businesses in these hard economic times – not taking robust steps to collect it could be fatal to your own financial position. So if [...]
“…cybercrime has increased by over 300% during the COVID-19 pandemic - making it one of the biggest threats to businesses around the globe.” (Property 24 report) The Cybercrimes Act, which has been years in the making, is now (with effect from 1 December 2021) at last largely in force. Although some provisions still remain on [...]
“This is dishonest conduct of a kind which clearly negatively impairs upon a relationship of trust between an employer and employee.” (Extract from judgment below) An all-too-common complaint in workplaces comes from employers who notice a sudden surge in employees calling in sick on the day of a major sports fixture, or perhaps just on [...]
“…sexual harassment is a heinous and horrendous conduct since it undermines the dignity of women and the values enshrined in our Constitution.” (Extract from judgment below) Employers have a strong duty to provide a safe workplace for their employees, and to protect them from harm – including sexual harassment. An employer who fails in this [...]
“All is fair in love and war…and business is war." (Jasmine Kundra) When company directors are locked in dispute, one of them may be tempted to cut off the other’s access to emails and to the business server – a tactic likely to have immediate and serious consequences for the director thus cut off. Its [...]
“A man who procrastinates in his choosing will inevitably have his choice made for him by circumstance.” (Hunter S. Thompson) Since 2005 businesses have been repeatedly told “get your PAIA (Promotion of Access to Information Act) manual sorted now, the deadline is approaching”. And every 5 years since then, those (mostly smaller) businesses temporarily exempted [...]
“… he did not think that he was binding himself 'to all sorts of fine print that I can't even read'.” (Extract from judgment below, describing evidence given by the customer during the trial) For suppliers of goods or services, incorporating a strong, clearly worded exemption clause (a clause excluding or restricting your liability to [...]
“The seriousness and gravity of offences involving racism and racial hatred cannot be over-emphasised. Employers are under a duty to provide a safe working environment and to protect all employees from harm, whether physical or emotional, whether they are black or white. An employer can be held liable for failure to take any action against [...]
“The future of money is digital currency” (Bill Gates) If you are thinking of buying – or have bought - any “crypto asset” such as a cryptocurrency like Bitcoin, Ethereum, Polkadot, Solana (or any of the many other crypto currencies springing up all over the place), be aware of the tax implications. As a start, [...]
